Jury acquits ex-ORN city administrator

Published 7:00 pm, Tuesday, June 22, 2010

After deliberating approximately five hours Tuesday, a jury found former Oak Ridge North City Administrator Paul Mendes not guilty of a third-degree felony charge of abuse of official capacity.

The Montgomery County District Attorney’s Office dropped a second charge - a state jail felony - against Mendes, Chief Assistant District Attorney Phil Grant said Wednesday.

A grand jury indicted Mendes in February on both abuse of official capacity charges, stemming from the alleged misuse of city property, following an investigation by the DA’s Office. The indictments alleged Mendes intentionally or knowingly misused the property “that came into the public servant’s custody or possession by virtue” of his office or employment.

The charge jurors acquitted Mendes for involved two 1995 Onan Sterling generators, while the lesser charge that was dropped involved a Mitsubishi truck and a lawn mower, the DA’s Office previously said.

The value of the generators was somewhere between $20,000 and $100,000. If Mendes had been found guilty, he could have faced up to 10 years in prison and a fine up to $10,000.

The trial started Monday in the 410th state District Court of Judge K. Michael Mayes.

On Friday, the DA’s Office “offered (Mendes) a pretty sweet deal to plead, and he wouldn’t hear of it,” said Keith Hampton, lead defense counsel for Mendes. “He didn’t do anything wrong, and the jurors sensed that.

“They liked him and I think that was a big part of it.”

Mendes is a former Army Green Beret who served three tours in Vietnam, Hampton said.

The District Attorney’s Office respects the jury’s decision, Grant said.

“We believe that justice was done in this case, and we will continue to investigate and prosecute those cases in which a grand jury decides that those in positions of responsibility in our county, city and local government have violated the public trust,” said Grant, who heads the Public Integrity Unit for the DA’s Office.

The DA’s Office has “already filed the dismissal on the other charge,” he said.

The Oak Ridge North City Council voted to terminate Mendes Dec. 14 in a 3-2 vote, claiming he approved agreements without council approval and failed to properly oversee city equipment. Claiming the city owes him at least $242,000 in back wages and severance, Mendes filed suit against the city, Police Chief Andy Walter and Councilmen Steve Holcomb and Peter Nett for wrongful termination.

That lawsuit is pending, Hampton said.

Following his termination, a number of ORN residents supporting Mendes - including more than 300 who signed a petition - tried unsuccessfully to have him reinstated as city administrator.

Barbara Dudley, who spearheaded the petition drive, sat in Mendes’ trial from jury selection through the verdict, she said.

“We are just elated at the jurors’ decision,” she said. “Many of us felt Paul was unjustly persecuted for the charge he was found innocent of. My faith in the judicial system is somewhat restored. Paul is an honest, good man.

“Paul has done so much for this city. I am so happy for him.”

At the same time the grand jury indicted Mendes, it also indicted former ORN Councilman Don Tucker on a charge of perjury. That charge is pending, Grant said.

And the same day Mendes was indicted, former ORN Mayor Fred O’Connor pleaded guilty to a misdemeanor charge of violating conflict-of-interest laws. His indictment alleged O’Connor failed to abide by conflict-of-interest rules while acting as CEO of Biofuels, a company engaged in business with the city.

When O’Connor pleaded guilty in February, he resigned as mayor.

Mendes recently was hired as a consultant by the city of Magnolia to oversee the duties usually fulfilled by a city administrator. That city had been without a city administrator since the April resignation of Ryan Kelly, who resigned following his arrest in April on suspicion of driving while intoxicated.

Mendes is “definitely qualified” to serve as Magnolia’s city administrator on a full-time basis, if the city determines it to be financially feasible, Mayor Todd Kana said.

“His expertise would be well served with the city,” he said.

The Magnolia City Council is working on its 2010-11 fiscal budget and will make a determination about the city administrator at a later time, Kana said.

Mendes was “dragged through that mud,” Hampton said. “He’s a good man. God was with us, and I’m glad the jury saw it our way.”